HomeMy WebLinkAbout2004-07-12 - Agendas - Final FAYETTEVILLE
THE CITY OF FAYETTEVILLE,ARKANSAS 125 W.Mountain St.
Fayetteville,AR 72701
Telephone:(479)575-8267
AGENDA FOR A MEETING OF THE
PLANNING COMMISION
Monday,July 12,2004,5:30 p.m.
Room 219,City Administration Building
The following items will be considered:
Approval of Minutes from the 06/28/2004 meeting.
New Business:
1. ADMINISTRATIVE ITEM: Downtown Master Plan
2. ADMINISTRATIVE ITEM: Duncan Associates: Impact Fees for Fire,Police and Streets
3.ADM 04-1139: Administrative Item(DORADO,557): Submitted by DAVID CUMMINGS for property located at EAST OF
THE LOWE'S ON HWY 62, ON FINGER ROAD. The property is zoned C-PZD,COMMERCIAL PLANNED ZONING
DISTRICT, and contains approximately 27.669 acres. The request is to extend the expiration date of the C-PZD for Lowe's for a 12
month period to construct the approved additional retail space as an in-line shopping center on the subject property.
Planner: JEREMY PATE
4.ADM 04-1147:Administrative Item(LANDERS,248/249): Submitted by Bryan Smith of Black,Corley&Owens on behalf of
Landers Auto Park for property located at 1352 W. Showroom Drive. The property is zoned C-2,THOROUGHFARE COMERCIAL,
and contains approximately 42.82 acres. The request is to allow a waiver of Commercial Design Standards&Design Overlay District
requirements to allow a chain link perimeter fence around the subject property. Planner: JEREMY PATE
5.VAC 04-1119: Vacation(PETRINO LOT 5 PINE VALLEY,363): Submitted by BUCKLEY BLEW for property located at
LOT 5 IN PINE VALLEY SUBDIVISION. The property is zoned RMF-24,MULTI FAMILY-24 UNITS/ACRE and contains
approximately 0.10 acres. The request is to approve the vacation of a portion of a platted easement within Lots 5A and 5B of the Pine
Valley Subdivision.
Submitted on behalf of. SANDRA PETRINO Planner: JEREMY PATE
6. LSP 04-1113: Lot Split(ALI MOUBAREK,323): Submitted by ALI MOUBAREK for property located at 2300 SALEM ROAD.
The property is zoned RSF-4, SINGLE FAMILY-4 UNITS/ACRE and contains approximately 2.40 acres. The request is to split the
subject property into two tracts of 1.163 and 1.234 acres.
Planner: JEREMY PATE
7.PPL 04-1117:Preliminary Plat(ALLEN SUBDIVISION, 140): Submitted by DAVE JORGENSEN for property located at 4111
OLD WIRE ROAD. The property is in the Planning Area and contains approximately 9.50 acres. The request is to approve a
preliminary plat for a subdivision containing 3 single-family lots of 5.40,2.72 and 1.38 acres respectively.
Property Owner: DUANE ALLEN Submitted on behalf of RICK LEDBETTER Planner: SUZANNE MORGAN
8.ANX 04-1071:Annexation(JONES,569): Submitted by MEL MILHOLLAND for property located at 1341 ROBERTS ROAD
AND EAST OF STONEBRIDGE ADDITION. The property is in the Planning Area and contains approximately 5.66 acres. The
request is to annex the subject property into the City of Fayetteville.
Property Owner: VERA JONES Planner: SUZANNE MORGAN
9.RZN 04-1072: Rezoning(JONES,569): Submitted by MEL MILHOLLAND for property located at 1341 ROBERTS ROAD.
The property is in the Planning Area and contains approximately 5.66 acres. The request is to rezone the subject property from R-A,
Residential Agricultural,to RSF-4, Residential Single-family,4 units per acre.
Property Owner: VERA JONES Planner: SUZANNE MORGAN
10.ANX 04-1073: Annexation(AMES TRUST,569): Submitted by MEL MILHOLLAND for property located at W SIDE OF
ROBERTS RD,S OF HWY 16E. The property is in the Planning Area and contains approximately 1.97 acres. The request is to
annex the subject property into the City of Fayetteville.
Property Owner: AMES FAMILY TRUST Planner: SUZANNE MORGAN
11.RZN 04-1074: Rezoning(AMES TRUST,569): Submitted by MEL MILHOLLAND for property located at W SIDE OF
ROBERTS RD,S OF HWY 16E. The property is in the Planning Area and contains approximately 1.97 acres. The request is to
rezone the subject property from R-A,Residential Agricultural,to RSF-4,Residential Single-family,4 units per acre.
Property Owner: AMES FAMILY TRUST Planner: SUZANNE MORGAN
All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments and other pertinent data
are open and available for inspection in the office of City Planning(575-8267),125 West Mountain Street,Fayetteville,Arkansas.
All interested parties are invited to review the petitions. Interpreters or TDD for hearing impaired are available for all public
hearings;72 hour notice is required. For further information or to request an interpreter,please call 575-8330.
ORDER OF PLANNING COMMISSION MEETING
A. Introduction of agenda item—Chairman
B. Presentation of Staff Report
C. Presentation of request—Applicant
D. Public Comment
E. Response by Applicant/Questions &Answer with Commission
F. Action of Planning Commission(Discussion&Vote)
NOTE TO MEMBERS OF THE AUDIENCE
If you wish to address the Planning Commission on an agenda item raise your hand when
the Chairman asks for public comment. He will do this after he has given Planning
Commission members the opportunity to speak and before a final vote is taken. Public
comment will only be permitted during this part of the hearing for each item.
Once the Chairman recognizes you, go to the podium at the front of the room and give
your name and address. Address your comments to the Chairman, who is the presiding
officer. He will direct them to the appropriate appointed official, staff member or others
for response. Please keep your comments brief, to the point, and relevant to the agenda
item being considered so that everyone has a chance to speak.
Please, as a matter of courtesy, refrain from applauding or booing any speakers or actions
of the Planning Commission.
2004 Planning Commissioners
Nancy Allen
Jill Anthes
Candy Clark
James Graves
Christine Myres
Alan Ostner
Loren Shackelford
Sean Trumbo
Christian Vaught
FAYETTEVILLE Pc Meeting of July 12, 2004
THE CITY OF FAYETTEVILLE,ARKANSAS
113 W. Mountain St.
Fayetteville,AR 72701
Telephone:479-575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Jeremy Pate, Associate Planner
THRU: Dawn Warrick, AICP, Zoning & Development Administrator
DATE: July 07, 2004
ADM 04-1139: Administrative Item (DORADO DEV., 557): Submitted by DAVID
CUMMINGS for property located at EAST OF THE LOWE'S ON HWY 62, ON FINGER
ROAD. The property is zoned C-PZD, COMMERCIAL PLANNED ZONING DISTRICT, and
contains approximately 27.669 acres. The request is to extend the expiration date of the C-PZD
for Lowe's for a 12 month period to construct the approved additional retail space as an in-line
shopping center on the subject property. Planner: JEREMY PATE
Background:
Approval for the Lowe's Planned Zoning District rezoning and associated large scale
development was recommended to the City Council by the Planning Commission with a 7-0-0
vote on May 05, 2003 with a condition that the approval would be valid for one calendar year. A
Planned Zoning District (C-PZD.03-02.00, Ord. #4490) was approved by City Council on June
03, 2003. An ordinance takes effect 30 days after final approval, therefore the"deadline" for
extension requests to be submitted to the Planning Division fell on July 03, 2004. The applicant
met this deadline. The original approval for the C-PZD allowed for a Lowe's Home Center
(133,532 SF) on 13.62 acres,retail lots containing 6.05 acres (53,876 SF of retail)and 1.3 acres
(for future development review), a 2.05 acre detention area and 4.59 acres of tree preservation.
Current Status:
The Lowe's Home Center, detention pond and tree preservation areas have either been developed
or designated for no development, as required. The developer has extended utilities, a required
street connection and completed much of the grading and drainage for the remaining
undeveloped retail lots to the east of Lowe's.Discussion in recent weeks with the applicant
regarding the status of construction for the Dorado Development tract of the PZD, approximately
54,000 SF of retail space, revealed the upcoming deadline. Based on the current status of the
project, the applicant finds it necessary to request additional time in order to secure tenants and
begin the construction review process. The applicant is not able to secure building permits for the
retail center at this time, and thus requests an extension to develop the remaining 54,000 SF
shopping center, which was approved with the Planned Zoning District for Lowe's. A letter from
the applicant is included.
Recommendation:
Staff recommends approval of an extension until July 03, 2005. If all building permits are not
obtained prior to the July 03, 2005 expiration date, the Large Scale Development for this portion
K.IReporu120041PC Repor&107-12-0419DM04-1139(Dorado Dw.).doc July 12,2004
Planning Commission
ADM 04-1139(Dorado)
Page 3.1
of the PZD is required, by ordinance,to be resubmitted in total for Planning Commission
approval, in accordance with all development regulations at the time of submittal.
PLANNING COMMISSION ACTION: yes Required
Approved Denied
Date: July 12, 2004
K.Reports120041PC Reportt107-12-04W DM04-1139(Dorado DW.).doc July 12,2004
Planning Commission
ADM 04-1139(Dorado)
Page 3.2
166.20 Expiration Of Approved Plans And Permits
(A) Applicability. The provisions of this section apply to all of the following plans and permits:
(1) Preliminary plats;
(3) Conditional uses;
(4) Large-scale developments;
(5) Lot splits;
(6) Physical alteration of land permits;
(7) Storm water, drainage, and erosion control permits;
(8) Tree preservation plans;
(9) Sign permits; and,
(10)Floodplain development permits.
(B) One-year time limit.
(1) Tasks to be completed. All of the above-enumerated plans and permits are conditioned upon the
applicant accomplishing the following tasks within one(1)year from the date of approval:
(a) VZ67067y
dlrenovation or tl s ru rl zi)e ag nae and/or,
(b) For a lot split, record a deed or survey at the Washington County Circuit Clerk's Office,
stamped for recordation by the City Planning Division; and/or,
(c) Receive a Certificate of Zoning Compliance; and/or,
(d) Receive all permits and approvals required by City, State, and Federal regulations to start
construction of the development or project.
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Expiration. If the required task(s)are not completed within one(1)year from the date of approval or
during an allowed extension period,all of the above-enumerated plans and permits shall be rendered
null and void.
K.IReporis12004PCReporis107-12-0414DM04-7]39(Dorado Dw.).doc July 12,2004
Planning Commission
ADM 04-1139(Dorado)
Page 3.3
-JUN 29 2004 3: 28PM P—,LASERJET 3200 - - p. 2
DORADO DEVELOPMENT CO., L.L.C.
Real Estate Development&Brokerage
6243 IH-10 West,Suite 840
San Antonio, Texas 78201
210.732.5335
210.732.5445 Fax
June 29,2004
Mr.Jeremy.Pate VIA Fax:479-575-8202
City Planning Department
113 W.Mountain_ Street
Fayetteville,AR 72701
RE: Extension of CPZD 03-02
Dear Mr.Pate:
We respectfully request acceptance of this letter as our formal request to extend the
expiration date of CPZD 03-02 for a 12-month period beginning 7/3/04.
Additional development in the CPZD area is to be accomplished in the form of
constructing an in-line shopping center consisting of approximately 52,000 square feet,
and the development of an. approximately 7,500 square foot-pad for future retail
development on our Outparcel fronting Hwy. 62. In order to have time to complete this
planned construction, Fayetteville 6th Street, Ltd. will require the requested extension on
the CPZD.
Should you need additional information in order to approve this extension,please call me
at 210-732-5335 or Lance Mills with Ozark Civil Engineering Co. at 479-464-8850. We
greatly appreciate your cooperation in this matter and I'll wait to hear from you.
Respectfully,
David M. Cumming III
Member/President
Fayetteville 6" Street,Ltd.
cc: Lance Mills,Ozark Engineering VIA Fax#479-464-9040
July 12,2004
Planning Commission
ADM 04-1139(Dorado)
Page 3.4
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ADM 04-1139(Dorado)
Page 3.5
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FAYETT MLLE
- THE CITY OF FAYMEVILLE,ARKANSAS - - -
113 W. Mountain St.
- - Fayetteville,AR 72701
Telephone:(501)575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Mayor Dan Coody
Fayetteville City Council
FROM: Dawn Warrick,AICP,Zoning& Development Administrator
THRU: Tim Conklin,AICP, Director of Community,Planning& Engineering Svcs.
DATE: May 5, 2003
Project: C-PZD 03-2.00: Planned Zoning District(Lowe's,557/596)was submitted by Lance
Mills of Ozark Civil.Engineering, Inc. on behalf of Lowe's Home Centers, Inc. for property
located at the southwest corner of Finger Road and Highway 62. The property is zoned C-2,
Thoroughfare Commercial,R-O, Residential Office; and R-2,Medium Density Residential
containing approximately 27.669 acres. The request is for a Commercial Planned Zoning District.
for a Lowe's Home Center on a lot containing 13.62 acres(133,532 sq.ft. building),retail lots
containing 6.05 acres(53,876 sq ft building proposed) and 1.3 acres(for future development), a
2.05 acre detention area and 4.59 acres of tree preservation.
BACKGROUND
The proposal is for a Commercial Planned Zoning District for a Lowe's Home Center containing
13.9 acres (133,532 sq.,ft. building)and a retail out lot containing 6.057 acres with 53,876 square
feet of retail space..Another out lot for future development(1:3 acres)is also being proposed with
this PZD. There are 4.59 acres of tree preservation and 2.051 acres of shared detention proposed.
This item must also be heard at City Council pursuant to the requirements for a PZD.
Use Lot Area
Lowe's 13.62
Dorado retail stores 6.057
Out lot(future development) 1.3
Tree Preservation 4.59
Shared detention area 2.051
CURRENTSTATUS
On April 28,2003,the Planning Commission voted 7-0-0 to forward this item to the City Council
with a recommendation for approval of the C-PZD zoning contingent upon the approved
development plan.
RECOMMENDATION
Staff recommends approval of the requested C-PZD.
July 12,2004
Planning Commission
ADM 04-1139(Dorado)
K lRepartr120031CC REPOR7SIMay meetingst5-20-03�cpzd 03-2 bwe's_cc.doc Page 3.6
ORDINANCE NO. 4490
AN ORDINANCE ESTABLISHING A COMMERCIAL
PLANNED ZONING DISTRICT TITLED C-PZD
03-02.00 LOCATED AT THE SOUTHWEST CORNER OF
FINGER ROAD AND HWY. 62; AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF
FAYETTEVILLE; AND ADOPTING THE ASSOCIATED
DEVELOPMENT PROJECT AS APPROVED BY THE
PLANNING COMMISSION AND AMENDED BY THE
CITY COUNCIL.
- BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE,ARKANSAS:
Section 1: That the zone classification of the following describedproperty is
hereby changed as follows:
From R-1, C-2, Thoroughfare Commercial, R-O, Residential
Office,and R-2,Medium Density Residential to C-PZD 03-02.00 as
shown in Exhibit"X'attached,hereto and made apart hereof.
Section 2. That the change in zoning classification is based upon the approved
master development plan and development standards as shown on the Planned Zoning
District plans for Lowe's Home Center and approved by the Planning Commission on April
28, 2003,as amended by the City Council to remove the requirement for a monument sign
and reinstate Condition of Approval#3 as recommended by the City Planning Division,and
to change Condition of Approval#13 requiring installation of a traffic signal at the cost of
the developer prior to issuance of the certificate of occupancy and replacing that with a
requiring the developer to deposit the cost of the traffic signal with the City pursuant to
U.D.O. §158.01 until such signal is authorized to be installed by the Arkansas Highway and
Transportation Department.
Section 3. That this ordinance shall not take effect and be in full force until all
conditions of approval for the development are met.
Section 4. That the official zoning map of the City of Fayetteville,Arkansas,is
hereby amended to reflect the zoning change provided in Section 1 above.
J 2004.
Plannin �ssion
ADM 04- do)
Page 3.7
Ord.No. 4490
Page 2
PASSED and APPROVED this the 3`d day of June,2003.
pYETTf
APPROVED:
a .*
By:
R
� DAN COODY, M or
�.�,►na:By, Ate.
Sondra Smith, City Clerk
July 12,2004
Planning Commission
ADM 041139(Dorado)
Page 3.8
EXHIBIT'
"A"
PART OF THE NORTHWEST AND THE SOUTHWEST QUARTERS OF SECTION 19,
TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE 5T' P.M., CITY OF
FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER
THENCE NORTH 88908'58"WEST 42.94 FEET ALONG THE SOUTH LINE OF SAID
NORTHWEST QUARTER TO ITS INTERSECTION WITH THE WEST RIGHT OF WAY
LINE OF FINGER ROAD SAID POINT ALSO BEING THE POINT OF BEGINNING;
THENCE CONTINUING NORTH 8808'58"WEST 387.36 FEET ALONG SAID SOUTH
LINE; THENCE SOUTH 2°01'20" WEST 238.81 FEET; THENCE SOUTH 88008'33"
EAST, 294.91 FEET; THENCE SOUTH 23009'36" WEST 107.33 FEET; THENCE
NORTH 88008'33"WEST.456.01 FEET;THENCE NORTH 1051'27"EAST IOO.00FEET;
THENCE SOUTH 90000'00" WEST 62.76 FEET; THENCE SOUTH. 1002'36" WEST
39.63 FEET; THENCE SOUTH 54047'38" WEST, 195.89 FEET; THENCE NORTH
88057'24" WEST, 409.39- FEET; THENCE NORTH 42046'02 WEST, 76.30 FEET;
THENCE NORTH 88057'24"WEST, 50.47 FEET;THENCE NORTH 38042'54"WEST,,
62.44 FEET; THENCE NORTH 1°02'36" EAST, 39.45 FEET; THENCE SOUTH
90000'00"WEST, 28.97 FEET; THENCE NORTH 1'02'35"EAST, 656.56 FEET TO A
POINT ON THE SOUTH RIGHT OF WAY OF US HIGHWAY 62; THENCE NORTH
74035'55" EAST 1160.14 FEET ALONG SAID SOUTH. RIGHT OF WAY; THENCE
SOUTH 1031'48"WEST, 179.34 FEET;THENCE SOUTH 88026'54"EAST,290.31 FEET
TO A POINT ON THE WEST RIGHT OF WAY OF FINGER ROAD;THENCE SOUTH
1049'53" WEST, 558.04 FEET ALONG SAID RIGHT OF:WAY TO THE POINT OF
BEGINNING. CONTAINS 26.934 ACRES OF LAND,MORE OR LESS.
AND ALSO:
PART OF THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 16 NORTH,
RANGE 30 WEST OF THE 5' P.M., CITY OF FAYETTEVILLE, WASHINGTON
COUNTY, ARKANSAS,DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER;
THENCE SOUTH 1004'04" WEST, 23.26 FEET ALONG THE EAST LINE OF SAID
SOUTHWEST QUARTER TO THE POINT OF BEGINNING;THENCE CONTINUING
SOUTH 1004'04 WEST, 386.66 FEET ALONG SAID EAST LINE TO THE
NORTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN BOOK 490 AT PAGE
18, WASHINGTON COUNTY CIRCUIT CLERK'S OFFICE; THENCE NORTH
88014'56"WEST, 165.65 FEET ALONG THE NORTH LINE OF SAID TRACT;THENCE
NORTH 24021'49"EAST,418.83 FEET TO THE POINT OF BEGINNING CONTAINING
0.735 ACRES OF LAND, MORE OR LESS.
TOTAL ACREAGE: 27.669 ACRES, MORE OR LESS.
July 12,2004
Planning.Commission
ADM 04-1139(Dorado)
Page 3.9
C-PZD 03-02.00
Page I
PC Meeting of April 28,2003
FAYETTEVILLE
THE CITY OF FAYE=VH.LE,ARKANSAS Lowes,C-PZD
113 W. Mountain St - -
Fayetteville,AR 72701 - -
TO: Fayetteville Planning Commission Members
THRU: Dawn Warrick,AICP,Zoning and Development Administrator
FROM: Sara Edwards,Associate Planner
Matt Casey P.E. Staff Engineer
DATE: April 24,2003
Project: C-PZD 03-2.00: Planned Zoning District(Lowe's, 557/596) was submitted by Lance
Mills of Ozark Civil Engineering, Inc. on behalf of Lowe's Home Centers,Inc. for property
located at the southwest comer of Finger Road and Highway 62. The property is zoned C-2,
Thoroughfare Commercial,R-O, Residential Office,and R-2, Medium Density Residential
containing approximately 21.53 acres. The request is for a Commercial Planned Zoning District
fora Lowes Home Center containing 13.9 acres(133,532 sq.ft. building)and a retail lot
containing 6.05 acres(53,876 sq ft building)with lot splits to create a 1.3 acre parcel and a 4.59
acres parcel of tree preservation.
Findings:
Proposal: The proposal is for a Commercial Planned Zoning District for a Lowe's Home Center
containing 13.9 acres(133,532 sq. ft.building) and a retail outlet containing 7.9 acres with
53,876 square feet of retail space. There is a lot being split with this PZD which is lot 2B to be
developed later. There are 4.59 acres of tree preservation proposed.
Parking: Lowe's: 598 spaces
Retail: 304 Spaces
Existing Development. None
Surrounding Zoning: North: A-1
South: R-1
East: C-2
West: R-0
Surrounding Land Use: North: Retail and Agriculture
South: Residential
East: Retail
West: None
Water: A 12"water line running east to west along Sixth Street
July 12,2004
Planning Commission
ADM 04-1139(Dorado)
Page 3.10
C-PZD 03-02.00
Page 2
Sewer: A 8 Sanitary Sewer line running east to west along Sixth Street
Right-of-way being dedicated: 55' of Right of Way is being proposed along Sixth Street
Street Improvements Proposed.• None
Adjacent Master Street Plan Streets: Sixth Street is a principle arterial and requires 110' of
Right of Way.
Site Coverage: 84%
Tree Preservation: 4.59 acres of off-site tree preservation is being proposed.
Existing canopy: 69%
Preserved canopy: 15%
Required in C-2 zone: 15%
Other: Off site detention is proposed. The proposal is for a regional detention pond to the south
of the property being purchased by Lowes, which will serve this development as well as
future development.
Wetland mitigation is proposed offsite and has been approved by the Corp of Engineers.
Recommendation: Forward to City Council with recommendation of approval of the
requested rezoning.
Planning Commission approval of the proposed development subject to
the conditions listed below.
Conditions of Approval:
1. An ordinance creating this C-PZD shall be approved by City Council.
2. Covenants shall be filed which provide for maintenance of parking areas and greenspaee.
3. All signage proposed on site shall comply with Chapter 174, Signs of the Unified
Development Ordinance and shall be permitted accordingly.
4. Planning Commission determination of the requested waiver to allow for parking spaces
wider than nine feet. The request is for several 10 foot wide spaces to accommodate
contractor parking.
5. Planning Commission determination of the requested waiver to allow for aisles wider
than 24 feet in width. The proposal is for aisles up to 55 feet to accommodate truck
July 12,2004
Planning Commission
ADM 04-1139(Dorado)
Page 3.11
C-PZD 03-02.00
Page 3
traffic.
6. Planning Commission determination of requested waiver from the requirement of a
landscape island along the front of the building.
7. ADA spaces shall be redistributed along the retail stores.
8. Landscape islands shall be added near the ADA apees.
9. Sidewalk fees in the amount of$12,394.62 in lieu of sidewalk construction along the tree
preservation areas.Staff is recommending that a fee be assessed in lieu of construction to
avoid tree removal in these areas.
10. A continuous planting of shrubs is required adjacent to parking lots along the right of
ways.
11. The off-site tree preservation easement must be filed prior to issuance of any permits for
the proposed project.
12. Large scale development approval is required for development of lot 2B.
13. A traffic signal shall be installed at the developer's expense-prior to any occupancy
permit. This shall be subject to the Arkansas Highway and Transportation Department
approval and staff review.
14. Street lights shall be installed along the south side of Sixth Street every 300 feet at the
developer's expense. The street lights shall be a minimum 250 watt full cut off fixture.
15. All utilities shall be placed underground.
16. Right-of-way shall be dimensioned from centerline and include a minimum of 55 feet
from centerline along Sixth Street and a minimum 25 feet from centerline along Finger
Road.
17. Merchandise display shall be limited to that which may be displayed on the sidewalk in
front of the building.No merchandise display shall be allowed within the designated
parking areas unless prior approval is obtained by the Planning Division who will verify
that the required number of spaces are maintained and adequate traffic flow is
maintained.
18. Covenants shall be submitted in accordance with§166.06 of the Unified Development
Ordinance prior to building permit.
19. The developer shall erect at the entrance of Sherman Way a rectangular sign, not
exceeding 24 inches by 12 inches,designating the street a"private street" which shall be
clearly visible to motor vehicular traffic
July 12,2004
Planning Commission
ADM 04-1139(Dorado)
Page 3.12
C-PZD 03-02.00
- - - Page 4
20. Planning Commission determination of compliance with Commercial Design Standards
including signage.
SIGNAGE: The wall sign does not comply with the sign ordinance as proposed. The
ordinance prohibits signs extending more than 18 inches above roof level. The applicant
is requesting the sign to extend 46.25 inches above the roof. Board of Sign Appeals
approval will he required for this variance from the sign ordinance.
There are two freestanding signs proposed. The Lowe's sign is a 30 foot tall pole sign
which exceeds the maximum square footage. Staff recommends the sign be reduced to 75
square feet in order to comply with the sign ordinance. An area identification sign is
proposed on Lot 2B which meets ordinance requirements.
§166.14 SITE DEVELOPMENT STANDARDS AND CONSTRUCTION AND
APPEARANCE DESIGN STANDARDS FOR COMMERCIAL STRUCTURES.
D.Design Elements Guidelines for Commercial Structures.
1.The elements to avoid or minimize include:
a. Unpainted concrete.precision block walls.
b. Square, boxlike structures.
c. Metal siding which dominates the main facade.
d. Large blank, unarticulated wall surfaces.
e. Large out of scale signs with flashy colors
2. Construction and appearance design standards for commercial structures.
a. A commercial structure or development shall be designed to avoid or
minimize the elements set forth in D.1. above.
b. A commercial development which contains more than one building should
incorporate a recurring, unifying,and identifiable theme for the entire
development site.
c. A development should provide compatibility and transition between
adjoining developments.
Standard Conditions of Approval:
21. Plat Review and Subdivision comments (to include written staff comments provided to
the applicant or his representative,and all comments from utility representatives-AR
Western Gas, SWBT, Ozarks, SWEPCO, Cox Communications)
22. Staff approval of final detailed plans, specifications and calculations (where applicable)
for grading, drainage, water, sewer, fire protection, streets (public and private), sidewalks,
parking lot(s)and tree preservation. The information submitted for the plat review
process was reviewed for general concept only. All public improvements are subject to
additional review and approval. All improvements shall comply with City's current
requirements.
July 12,2004
.Planning Commission
ADM 04-1139(Dorado)
Page 3.13
C-PZD 03-02.00
Page 5
23. Sidewalk construction to include a minimum six foot sidewalk along Sixth Street,
Sherman Way and Finger Road with sidewalk fees in lieu of construction along tree
preservation areas.
20. Development approval shall be valid for one calendar year.
21. Prior to the issuance of a building permit the following is required:
a. Grading and drainage permits
b. Separate easement plat for this project that shall include the tree preservation area.
c. Project Disk with all final revisions
d. Completion of all required improvements or the placement of a surety with the City
(letter of credit, bond,escrow)as required by§158.01 "Guarantees in Lieu of Installed
Improvements" to guarantee all incomplete improvements. Further, all improvements
necessary to serve the site and protect public safety must be completed,not just
guaranteed,prior to the issuance of a Certificate of Occupancy
Background:
The project was reviewed at the March 10, 2003 Technical Plat Review and the April 3, 2003
and the April 17, 2003 Subdivision Committee Meetings.
Discussion at the Subdivision Committee meeting included ADA parking, tree preservation,
signage, commercial design standards, and traffic.
The Subdivision Committee forwarded the Commercial.Planned Zoning District to the full
Planning Commission subject to all staff comments.
PLANNING COMMISSION ACTION: yes Required
Approved Denied
Date:
Comments:
CITY COUNCIL ACTION: yes Required
Approved Denied
Date-
.Comments:
The"CONDITIONS OF APPROVAL", beginning on page one of this report, are accepted in total
without exception by the entity requesting approval of this development item.
July 12,2004
Planning Commission
ADM 04-1139(Dorado)
Page 3.14
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Page 3.1
FAYETTEVILLE PC Meeting of July 12, 2004
THE CITY OF FAYETTEVILLE,ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
Telephone:(479)575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Jeremy Pate, Associate Planner
THRU: Dawn Warrick, AICP,Zoning&Development Administrator
DATE: July 08, 2004
ADM 04-1147: Administrative Item (LANDERS,248/249): Submitted by Bryan Smith of
Black, Corley& Owens on behalf of Landers Auto Park for property located at 1352 W.
Showroom Drive. The property is zoned C-2, THOROUGHFARE COMERCIAL, and contains
approximately 42.82 acres. The request is to allow a waiver of Commercial Design Standards &
Design Overlay District requirements to allow a chain link perimeter fence around the subject
property. Planner: JEREMY PATE
RECOMMENDATION:
Staff recommends denial of this administrative request based on the findings included as
part of this report.
BACKGROUND:
Property description: The subject property is Landers Auto Park, located north of Fulbright
Expressway, east of Hwy 112, west of I-540. The property is surrounded on three sides by public
rights-of-way, with the northern boundary the exception. The property contains approximately
42.82 acres and is zoned C-2, Thoroughfare Commercial. The majority of the site lies within the
Design Overlay District of I-540. Landers Auto Park has processed at least three Large Scale
Developments for development of the subject property in phases, the last of which, a Hummer
dealership and parking lot expansion, is currently under construction. Fencing of any type, with
the exception of a vehicular barrier to prevent automobiles from entering the tree preservation
area, has not been proposed with the previous development plans.
Request: The applicant's request is to allow a perimeter chain link fence in front of a commercial
structure, within the Design Overlay District. The proposed fence would enclose the entire
developed property, essentially at the property line with the exception of that area preserved in
tree canopy easement(see attached site plan). The proposed fence is to be six feet in height,
constructed of black vinyl coated metal chain link. This request constitutes a waiver of the City's
Commercial Design Standards (§166.14), as well as a waiver request from Design Overlay
District requirements,which are under the authority of the Planning Commission.
Recommendation: Staff recommends denial of this request for a chain link fence. The location of
the majority of the requested fence lies within the Design Overlay District and in front of or to
the side of the commercial structures sited on the property. Chapter 161.24, The Design Overlay
July 12,2004
Planning Commission
ADM 04-1147(Landers)
Page 4.1
District, is very specific with regard to the types of fencing allowed(wood, masonry, natural
looking materials, wrought iron), and does not allow metal fencing without additional view
obscuring fencing to screen the metal fencing(see attached). Additionally, Ch. 166.14,
Commercial Design Standards,prohibits chain link fencing if closer to the street than the front of
the building. The City of Fayetteville sets a high standard for all commercial developments.It is
important to the quality of development within the City that these standards are enforced equally.
The subject property is located at a very visible and key intersection leading into Fayetteville.
Proper application of adopted commercial design standards and Design Overlay District
standards will allow positive improvements that are consistent throughout the City. If this
regulation is relaxed or waived to the degree proposed, the desirable result of having such
regulations cannot be accomplished.
The section of the ordinance which specifically addresses the types of fences permitted within
commercial developments is clear(see attached). The intent is to permit appropriate fencing
which is compatible with the development as well as the surrounding uses. The result of having a
chain link fence in front of a commercial structure in this location is undesirable and does not
comport to the purposes stated in the City's adopted Commercial Design Standards ordinance,
nor does it meet the criteria set forth in Ch. 161.24,the Design Overlay District(1-540 Corridor).
SURROUNDING LAND USE AND ZONING
Direction Land Use Zoning
North Drive-in Movie Theatre C-2, Thoroughfare Commercial
South Fulbright Expressway C-2, Thoroughfare Commercial
East I-540 C-2, Thoroughfare Commercial
West Heavy Commercial, Agricultural R-A, Residential Agricultural
I-1,Heavy Comm., Lt Industrial
LAND USE PLAN: General Plan 2020 designates this site Thoroughfare Commercial.
July 12,2004
Planning Commission
ADM 04-1147(Landers)
Page 4.2
161.24 Design Overlay District(I-540 Highway Corridor)
(A) Purpose. The purpose of establishing a Design Overlay District for the I-540 Highway Corridor is as follows:
(1) To protect and enhance the distinctive scenic quality of the I-540 Highway Corridor by providing for
nonresidential developments which will maximize preservation and enhancement ofthe natural,rural,and open
character of the terrain and foliage.
(2) To address the issues of traffic and safety.
(3) To address environmental concerns which include,but are not limited to,soil erosion,vegetation preservation,
drainage and heat islands.
(4) To preserve and enhance the economic value and viability of property within and near the Overlay District for
the I-540 Highway Corridor.
(B) Overlay District boundaries. The Overlay District encompasses all lands lying within 660 feet of each side of
the right-of-way of I-540 from the intersection of I-540 and State Highway 471(a/k/a 71 B)north to the city limits of
Fayetteville,(a/k/a the 71 Bypass and/or John Paul Hammerschmidt Expressway),and also that portion known as
State Highway 471S described more fully as that portion of State Highway 471 which connects 1-540 to State
Highway 471 (a/k/a North College) and all future extensions of 1-540 within the City of Fayetteville. Said
boundaries are set out on the official plat pages along with a legal description of such boundaries located in the
Planning Division.
(C) Application of Overlay District:Regulations and standards. The regulations and standards contained herein
shall apply to all nonresidential properties, (including, but not limited to new development), located within the
Overlay District boundaries. Such regulations and standards shall be in addition to and shalt overlay all other
ordinance regulations and standards, including, but not limited to nonresidential zoning district and signage
regulations and standards. Shouldthe regulations and standards of the underlying and Overlay District conflict,the
Overlay District regulations and standards shall control.
(D) Nonresidential site design and development standards.
(8) Optional fencing. All fencing shall be constructed of wood,masonry,or natural looking materials. No
optional fencing shall be located within the greenspace required by Section(D)(1). No metal fencing shall
be allowed except in the following cases:
(a) Wrought iron fencing.
(b) If other types of metal fencing are necessary,for security purposes,they may be used if the area
is first fenced off with a view obscuring natural or natural looking fencing material. The metal
fencing shall be placed inside the view obscuring fencing,and the view obscuring fencing shall be at
least the height of the metal fencing.
Secunty Fence Aesthetic Fence I
Parking Lot ---� - -- Street �If
Fencing
(4) Nothing contained herein shall limit or prohibit property owners from utilizing the variance provisions
contained in Ordinance No. 3806(§161.21).
t
July 12,2004
Planning Commission
ADM 04-1147(Landers)
Page 4.3
166.14.Commercial Design And Development Standards
(A) Purposes.
(1) To protect and enhance Fayetteville's appearance identity,and natural and economic vitality.
(2) To address environmental concerns which include,but are not limited to,soil erosion,vegetation preservation,
and drainage.
(3) To protect and preserve the scenic resources distributed throughout the city which have contributed greatly to
its economic development,by attracting tourists,permanent part-time residents,new industries,and cultural
facilities.
(4) To preserve the quality of life and integrate the different zones and uses in a compatible manner.
(5) To address the issues of traffic,safety, and crime prevention.
(6) To preserve property values of surrounding property.
(7) To provide good civic design and arrangement.
(B) Applicability. The standards set forth herein shall apply in the following zoning districts,except as noted:
(1) R-O,Residential Office;
(2) C-1,Neighborhood Commercial;
(3) C-2,Thoroughfare Commercial;
(4) C-3,Central Commercial;
(5) C-4,Downtown;
(6) I-1,Heavy Commercial and Light Industrial;
(7) I-2,General Industrial;
(8) P-1, Institutional;
(9); E-1,Extraction;
(IO)PZD,Planned Zoning District when commercial,office, institutional and industrial uses are planned.
(11)Any other zoning district when commercial,office,institutional,and industrial uses are allowed as a conditional
use.
(C) Site development standards. The following site development standards shall apply when either new
development or expansion of 25%of the existing building square footage occurs.
(1) Landscaping. Landscaping is required as follows:
(a) Landscaping general provisions.
(i) Landscaping shall be provided which is sufficient to provide soil stability and suitable drainage.
July 12,2004
Planning Commission
ADM 04-1147(Landers)
Page 4.4
(ii) Trees,shrubs,groundcover and grass shall be the primary source of landscaping and shall be placed
and/or retained in such a manner as to reduce runoff.
(iii)The current property owner shall properly maintain all landscaping and shall replace any landscaping
that dies or is damaged.
(iv) Native vegetation should be used when possible in order to minimize watering.
(v) Landscaping should attempt to incorporate existing on-site trees and shrubbery.
(vi) Providing outdoor spaces and places for people to gather is encouraged.
(b) Landscaping alongfront property lines.
(i) Landscaped area required. A 15 foot wide landscaped area shall be provided along the front property
line exclusive of right-of-way. Entrance drives,exit drives,and sidewalks are allowed to cross the 15
foot landscaped area provided the integrity ofthe landscaped area is maintained. Residential uses and
zoning district C-3 and C4 shall be exempt from this requirement.
(ii) Trees.
a. Trees shall be planted in the 15 foot landscaped area at a ratio of one tree per 30 feet of front
property line and may be planted together in groups. No group may count more than 25%of the
required number.
b. Species selection shall be at the discretion of the developer. However, species which are
listed in the City of Fayetteville Tree Preservation,Protection and Landscape Manual under the
tree section guide are encouraged.
C. Trees planted shall have a two inch caliper(diameter)measured six inches above ground
level at the time of planting with at least 50%with an expected mature height of 60 feet or more.
In cases of existing overhead power lines, trees shall be planted that will not interfere with
existing power lines.
�1 69 Tall
at Maturity - -.
I"Caliper at
Time of planting
d. Each tree shall have a minimum of 100 square feet of permeable surface located under the
potential canopy of the tree. Paving blocks,bricks,and iron and/or plastic grates,may be used
over the tree root system to allow air and water into the root system.
(2) Screeningfor commercial buildings and development.
(a) Screening shall mean a view obscuring fence, view obscuring berm, view obscuring architectural
treatment,or view obscuring vegetation,or combination of the four,of sufficient height to prevent the view
of the screened items from vehicular and pedestrian traffic on adjacent streets, and from reyUifil2004
Planning Commission
ADM 04-1147(Landers)
Page 4.5
property. Vegetation shall be planted at a density sufficient to become view obscuring within two years
from the date of planting.
(b) Mechanical and utility equipment,trash enclosures, and outdoor storage of material and equipment
shall be screened if visible from the highway/street right-of-way or from residential property as set forth
below:
(i) Mechanical and utility equipment. All mechanical and utility equipment located onthe wall and/or on
the ground shall be screened. All roof mounted utilities and mechanical equipment shall be screened
by incorporating screening into the structure utilizing materials compatible with the supporting
building.Mechanical and utility equipment over 30 inches in height shall meet building setbacks.
(ii) Trash enclosures. Trash enclosures shall be screened with access not visible from the street.
(3) Fences. The following types,height,and location of fences shall be prohibited:
(a) Razor and/or barbed wire. Razor and/or barbed wire fences are prohibited if visible from the street
right-of-way or a residence,unless and except barbed wire fences are used for agricultural purposes.
(b) Chain link. Chain link fence is prohibited if closer to the street than the front of the building in
zoning districts C-1,C-2,C-3,C-4,and R-O.Residential uses are exempt from this requirement.
(c) Heirht offences in front buildings. Fences located in front of the primary structure may be solid
up to 30 inches in height. Any part of a fence which exceeds 30 inches in height shall not obstruct the
view of the primary structure from the right-of-way.
(4) Site coverage. A maximum of 85% of the development site may be covered by the ground floor of any
structure,parking lots, sidewalks, and private streets and drives or any other impermeable surface. Zoning
districts C-3,C-4,and the Design Overlay District are exempt from this requirement.
(5) Driveways. Shared drives and cross access between properties shall be encouraged to developed and
undeveloped properties, except in C-3 and C4 zones.
(D) Design elements guidelines for commercial structures.
(1) The elements to avoid or minimize include:
(a) Unpainted concrete precision block walls;
(b) Square"boxlike"structures;
(c) Metal siding which dominates the main facade;
(d) Large blank,unarticulated wall surfaces;
(e) Large out of scale signs with flashy colors.
(2) Construction and appearance design standards for commercial structures.
(a) A commercial structure or development shall be designed to avoid or minimize the elements set forth
in(1)(a)—(d)above.
(b) A commercial development which contains more than one building should incorporate a recurring,
unifying,and identifiable theme for the entire development site.
(c) A development should provide compatibility and transition between adjoining developments.
July 12,2004
Planning Commission
ADM 04-1147(Landers)
Page 4.6
Design Element Guidelines,Commercial
Sign out of scale Large box
With building structure
Metal siding
dominating
Large blank, unarticulated main facade
wall surface
(E) Design review.
(1) Submittals. The following drawings,information,and plans shall be submitted to the Planning Commission for
design review and approval with large scale development applications,when applicable;or,submitted to the
Planning Division for design review and approval with,or prior to,building permit applications for non-large
scale development.
(a) Elevations. Rendered elevation drawing of main facade at 1/16 inch to one(1)foot(minimum)scale
showing adjoining context and a description of external building materials.
(b) Landscaping. Proposed landscaping to be used as screening shall be shown on the tree preservation
plan or site plan.
(2) Build out. Upon approval of a large scale development, or issuance of a building permit, build-out of the
project shall conform to the drawings,information,and plans approved.
(a) Amendments. Amendments to the drawings,information,and plans shall be submitted to the planning
division. Amendments which are determined to be insignificant or minor may be approved by the Planning
Division. Significant amendment shall be approved by the Planning Commission when approval was given
through the large scale development process,or by the planning division when approval was given through
the building permit process.
(b) Review. Amendments shall be considered using the same standards as the initial design approval.
(c) Noncompliance. Failure to build-out the project according to the approved drawings,information,and
plans,or approved amendments thereto,shall render the large scale development approval;or the building
permit approval void.
(F) Variances. (See Chapter 156.)
(Code 1991,§160.124;Ord.No.4004,§l,10-15-96;Ord.No.4100,§2(Ex.A),6-16-98)
Cross reference(s)—Speck Districts§161.13 Through§161.21; Appeals,Ch. 155;Variances,Ch. 156.
July 12,2004
Planning Commission
ADM 04-1147(Landers)
Page 4.7
Owens, RA.
June 1,2004
Jeremy Pate
principals City of Fayetteville
Larry A. Black, AIA 125 W.Mountain
John A. Corley, AIA Fayetteville,AR 72701
Leslie A. Owens,AIA
associates
Bryan Smith, RE: Landers Auto Park
Associate AIA
Brian Black, Dear Mr.Pate,
Associate AIA I am submitting twelve copies of the Landers Auto Park site indicating
the location of the proposed fence along with photographs of a typical
installation. We are asking for a waiver from the City of Fayetteville's
ordinance which requires metal fencing in the Design Overlay District
to be wrought iron.The typical perimeter fence is a commercial grade,
black vinyl coated chain link,6 feet in height.The fence is constructed
of 6 gauge wire mesh with 2 inch O.D.line posts, 15/8 inch O.D. top
rails and 3 inch O.D.corner and end posts.
Thank you for your time and consideration of our request on this
matter.
Sincerely,
Bryan Smith
219 West South St.
Benton, AR 72015 July 12,2004
Tel. 501-315-7686 Planning Commission
Fax. 501-315-0487 ADM 04-1147(Landers)
brvan@bcorlevo.com Page 4.8
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